What is necessary to establish an equitable easement?

An equitable easement is a type of right granted to a landowner to use the land of another for specific purposes. In order to establish an equitable easement in Kansas, the use must be for a beneficial purpose, it must be reasonable, the use must be continuous, and the use must have been existing for a certain period of time. The purpose of the easement must be beneficial to the landowner, which means it must confer a benefit upon the landowner or a person associated with the landowner. This benefit can be either tangible or intangible in nature. A common example of a tangible benefit is an easement that allows the landowner access to a public road or highway. An example of an intangible benefit is an easement that grants the landowner the right to access a scenic view from their property. Second, the use must be reasonable. The courts will assess the reasonableness of the use by considering the nature, extent and duration of the use. For example, if an easement is granted for the purpose of building a parking lot, it must not negatively affect the rights of the owner of the dominant estate. Third, the use must be continuous. The court will look to the historical use of the land to determine whether the use is continuous. Generally, if the use has been continuous for seven years or more, it will be considered continuous by the court. Fourth, the use of the land must have existed for a certain period of time. Historically, the court has held that the use must have been in existence for twenty years before it can be considered an equitable easement. In summary, in order to establish an equitable easement in Kansas, the use must be for a beneficial purpose, it must be reasonable, the use must be continuous and the use must have been existing for twenty years.

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What is necessary to establish an equitable easement?

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